64-395 - 25 WINTER ISLAND ROAD - CONSERVATION COMMISSION �� .6yc31„S dS U��fc� .Is/and ed �I
'� rtCDnSiwc.*iy_of Sr:�j/��wri[r ��"
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I
1
-Jean Karam
(f)jo� ��/"-a- �d .
RECoF ED
MAY 2 9 2008
DEPT. Of PLANNNG&
COMMUNITY DEVELOPMENT
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 64-395
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
Salem
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
25 Winter Island Road 64-395
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex
County
for:
��1�l ICES CAVYA ��ec Lug a-m
Property Owner
and has been noted in the chain of title of the affected property on:
� laa l6r a;77V( / 7a
Date f Book Page
If recorded land, the instrument number which identifies this transaction is:
39 D
If registered land, the document number which identifies this transaction is:
Document Number
WLrq.i/V
Signature of licant
wpaform 8b.doc•rev.7/13/04 Page 4 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 813 — Certificate of Compliance 64-395
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
n A. Project Information
Important: IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
When filling out 1. This Certificate of Compliance is issued to:
forms on the Douglas and Jean Karam �. 2008052200390 Bk;27796 Pg;172 j
computer, use Name 05/22/2008 15:33:00 OTHER Ps 113
only the tab key to move 25 Winter Island Road
your cursor- Mailing Address
do not use the Salem MA 01970
return key. City/Town State Zip Code
Q 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Douglas and Jean Karam
Name
e May 26, 2005 64-395
Dated DEP File Number
3. The project site is located at:
25 Winter Island Road Salem
Street Address City/Town
Map 44 hots 25 and 26 -
Assessors Map/Plat Number Parcel/Lot Number
I
the final Order of Condition was recorded at the Registry of Deeds for:
I
Property Owner(if different)
Essex 24401 55
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
April 24, 2008
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the ,
above-referenced Order of Conditions have been satisfactorily completed.The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
wpaform 8b.doc•rev.7/13/04 Page 1 of 4
_ p CITY OF SALEM
�nMe
CONSERVATION COMMISSION
May 14, 2008
Douglas and Jean Karam
25 Winter Island Road
Salem, MA 01970
Re: Certificate of Compliance—DEP #64-395—25 Winter Island Road,Salem, MA
Dear n �Nr ararn:
Enclosed, please find the Certificate of Compliance for the above referenced project This
Document must be recorded at the Essex County Registry of Deeds, 36 Federal Street
Salem, Massachusetts. Please fill out and return the Recording Information on page 4 of the
Certificate of Compliance, which will indicate to the Salem Conservation Commission that
the document has been recorded.
If you have any further questions please feel free to contact me at(978) 619-5685.
Sincerely,
Carey Dhques
Conservation Agent/ Staff Planner
Enclosures
CC: DEP Northeast Regional Office
Massachusetts Department of Environmental Protection
- Bureau of Resource Protection - Wetlands DEP File Number:
�` WPA Form 813 — Certificate of Compliance
64-395
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Douglas and Jean Karam
computer, use Name
only the tab key to move 25 Winter Island Road
your cursor- Mailing Address
do not use the Salem MA 01970
return key. City/Town State Zip Code
V kA2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Douglas and Jean Karam
Name
May 26, 2005 64-395
Dated DEP File Number
3. The project site is located at:
25 Winter Island Road Salem
Street Address CityFrown
Map 44 Lots 25 and 26
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Essex 24401 55
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
April 24 2008
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed. The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
wpatorm 81o.doc•rev.7113104 Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 64-395
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced
Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no
longer valid. No future work subject to regulation under the Wetlands Protection Act may
commence without filing a new Notice of Intent and receiving a new Order of Conditions.
❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
C. Authorization
Issued by: pp
Salem
Conservation Commission Date of Issuance
This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the
applicant and a r e in=Officea Attachment).
Signatures: j
�Ch
r mot/
wpaform Bb.doc-rev.7113N4 Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 64-395
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex _
8 May 2008
On this Day Of Month Year
before me, the undersigned Notary Public, personally appeared
K. Cornacchio, D. Pabich, M. Blier, and K. Glidden,
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
personally known
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
As member of Salem Conservation Commission
City/Town
CMEY il.
worry MIIMO
w Crlw"W EViiia
'1
Signature Notary Public
Carey R Duques
Printed Name of Notary Public
August 16, 2013
My Commission Expires(Date)
Place notary seal and/or any stamp above Signature of Notary Public
wpalorm 8b.doc•rev.7/13104 Page 3 0!4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
Y7 WPA Form 8B — Certificate of Compliance
64-395
EMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
Salem
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
25 Winter Island Road 64-395
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaforra Bb.doc•rev.7113104 Page 4 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Ada. Colrain Hampden Monroe Pittsfield Tynngham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
9 Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfeld Wendell
Belcherlown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bernardi Egremom Holyoke New Marlborough Sheffield Westhampton
Blandfbrd Erving Huntington New Salem Shelburne West Springfield
Brimfield Flonda Lanesberough North Adam Shutesbury West Stockbndge
Buckland Gin Lee Northampton Southampton Whately
Chademont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leveret Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbndge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Washington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbardston Mglwfue Shmey Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough
Phone: 508-792-7650 Auburn Dunstable Lancaster Northbndge Southbridge West Boyston
Fax: 508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Standing Westford
TOO: 508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Maroon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincelown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raymond Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet
Phone: 508-946-2700 Barnstable Eastham Hanover North Alllebarough Rockland West Brdgewater
Fax:508-947-6557 Berkley East Bridgewater Hanson Notion Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Samerset Yarmouth
Carver Falmouth Madan Plainville Stoughton
Chatham Foxbcrough Martinieltl Plymouth Swansea
Chinni Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown
Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 617-$$6-1049 Belmont Dedham Lexington Nahani Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett LynnfiHd Newburyport Sherbom Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
wpaformlindoc•DEP Addresses•rev.5114/08 Page 1 of 1
s
�oY01T�,,
- CITY OF SALEM
? c -
- -.� CONSERVATION COMMISSION
-'"MI,YF CFy
May 1, 2008
jean and Doug Karam
25 Winter Island Road
Salem, MA 01970
Re: Request for a Certificate f m o Compliance—DEP #64-395—25 Winter Island
9 P
Road, Salem, MA
Dear Mr. and Mrs. Karam:
The Conservation Commission met during their regularly scheduled meeting on April 24,
2008 to review your request for a Certificate of Compliance for an open Order of
Conditions DEP #64-395 at the above referenced address. After reviewing the photos of
the site and discussing the project the Commission has denied the request for a full
Certificate of Compliance. The Commission came to this decision based on the items
discussed below. First, it is the practice of the Commission to deny a full Certificate of
Compliance for projects that have not removed the erosion control measure; hay bales
and/or silt fence. Both hay bales and silt fence remain along the coastal bank of the
property. Second, the Commission has concerns about the ability of the applicant to
stabilize the coastal bank along a section of the project site. The Commission was informed
by the Conservation Agent that the applicants are looking to file a Notice of Intent in
conjunction with the City of Salem to address some erosion concerns along the project site
as well as in the public way,owned by the City of Salem.
In order to obtain a full Certificate of Compliance please remove the erosion control
measures and file a Notice of Intent with the Conservation Commission for the additional
proposed work.
Per telephone discussions with jean Karam on April 30 and May 1, it is my understanding
that the erosion control measures will be removed during the weekend of May 2"', a Notice
of Intent will be filed with the Commission by May 8"'and a second Request for a Certificate
of Compliance will be made during the May 8`"Conservation Commission meeting.
If you have any further questions please feel free to contact me at(978) 619-5685.
Sincerely,
Carey Du4ues
Conservation Agent/Staff Planner
Enclosures
CC: DEP Northeast Regional Office
:i
PHOTO LOG
25 WINTER ISLAND ROAD,SALEM,MASSACHUSETTS
nunmrorr.wlon Via/uer cvsrouylles,crnmvnron A./M.rinww
✓ 'wr<ff,+.`�b'M `R��"J;�d t .5a
. •
�4
Erosion control measures still in place along the public way and at the edge of 27 Winter Islmid Road,
owned by the Korman.
dx„
�,. y, y�.va�;.r �3F—yet_" � ^s't�••
I "
r
Line of erosion control measures,looldng to the East 1�
Page 1 of 2
l
PHOTO LOG CONT.
25 WINTER ISLAND ROAD,SALEM,MASSACHUSETTS
Jim tall
AM
4 •.
n r IIAP
• F- � _ v
4 JJ
r
i ♦. 'q�.—l�wi '.`may:- ,K'u; R ZG:{.*t� r ���,
-{ ytl< Sri
Wc. .:PAY+ , 40=-
Area of coastal bank where the Commission has concerns about bank stabilization.
9 t
! 3 n
-. ♦ �"s'<2. + 9 I�II Iyy��"" 4
b �s
w..
,g.{�s�, v `Ya t� v�.( �•sFfivlF�r' •'yi�+''"!A'L��,�+.—i.� r.t.E> �.�7'wtE'wY.=1
IOC it .ia�s� �' wow •Yt9 v •.1t�iRA"t'•:k4 bY�4{�+�i�1��f�•�#
Closer view of area of concern.
Page 2 of 2
RECEIVED
APR 16 2008
Massachusetts Department of Environmental Protect' EPT. OF PLANNING&
Bureau of Resource Protection-Wetlands UUNIT!DEVELOPPiT File Number.
WPA Form 8A — Request for Certificate of Compliance 64-395
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important: -
When filling out 1• This request is being made by:
forms on the Douglas and Jean Karam
computer,use Name
only the tab
key to move 25 Winter Island Road -
yourcursor- Mailing Address
do not use the Salem MA 01970
return key. Crty?own State Zrp Code
hone N 741-2179
Phone Number
2. This request is in reference to work regulated by a final Order of Conditions issued to:
Douglas and Jean Karam
Applicant
May 26, 2005 - 64-395
Dated DEP File Number
Upon completion
of the work 3. The project site is located at:
authorized in an Order of 25 Winter Island Road Salem
Street Address
Conditions,the ci own
property owner 44 25 and 26
must request a AsSessws MaWPlat Number ParceULot Number
Certificate of 4. The final Order of Conditions was recorded at the Re
gistry egistry of Deeds for
from the issuing Douglas and Jean Karam
authority stating Property owner(d ditferenq
that the portion
Essex South District - 24401 portion of the 55
work has been County cook
Page
satisfactorily n/a
completed. Certificate(Ir registered land)
5. This request is for certification that(check one):
® the work regulated by the above-referenced Order of Conditions has been satisfactorilycompleted.
❑ the following portions of the work regulated by the above-referenced Order of Conditions have
been satisfactorily completed(use additional paper if necessary).
❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid,and the
work regulated by it was never started.
wpafonnea.tlIX•rev.]n3M
Page I of
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands CEP File Number:
WPA Form 8A — Request for Certificate of Compliance 64-395
Ll
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by°EP
A. Project Information (cont.)
6. Did the Order of Conditions for this project,or the portion of the project subject to this request,contain
an approval of any plans stamped by a registered professional engineer,architect,landscape
architect, or land surveyor?
® Yes If yes,attach a written statement by such a professional certifying substantial
compliance with the plans and describing what deviation,if any,exists from the plans
approved in the Order.
❑ No
B. Submittal Requirements
Requests for Certificates of Compliance should be directed to the issuing authority that issued the final
Order of Conditions(OOC).If the project received an OOC from the Conservation Commission,submit
this request to that Commission.if the project was issued a Superseding Order of Conditions or was the
subject of an Adjudicatory Hearing Final Decision,submit this request to the appropriate DEP Regional
Office(see Attachment). -
xpelom8e.doc•ray.rnyoa
ravexax
4<4ao� 603 Salem Street Nantucket, MA 02554
Wakefield, MA 01880 Tel: (508) 228-7909
Tel: (781)246-2800 SAL-0059A
Hayes Engineering, Inc. Fax: (781)246-7596 Refer to File#
April 9, 2008
Conservation Commission
120 Washington Street, 3rd. FI.
Salem, MA 01970
RE: Certificate of Compliance— DEP File #64-395
25 Winter Island Road, Salem, MA— Karam property
Dear Commission members,
In conjunction with the request for a Certificate of Compliance for the work performed at 25 Winter
Island Road we are providing the following information.
Our firm has performed an as-built survey and I have conducted a site visit at the property. Copies of
the as-built plan are attached for your use.
I find, based on the survey and site visit, that the project has been constructed substantially in
compliance with the proposed plan and it is my opinion that a certificate of compliance can be issued
for this work.
Please feel free to contact me with any questions you may have regarding this matter.
de truly
l
Richard L. Williams, P.E.
Project Engineer
Enclosure
cc: Doug Karam
0
v CITY OF SALEM
CONSERVATION COMMISSION
May 31, 2005
Douglas and Jean Karam
91 Essex Street
Salem, MA 01970
Re: Order of Conditions—DEP#64-395-25 Winter Island Road
Dear Mr. &Mrs. Karam:
Enclosed, please find the Order of Conditions for 25 Winter Island Road (DEP#64-395).
Following the 10-day appeal period, this document and the attached Special Conditions
must be recorded at the Essex County Registry of Deeds. Once recorded, please return a
copy of Page 9 of the Order of Conditions, which will indicate to the Salem Conservation
Commission that the document has been recorded.
If you have any further questions or concerns, please feel free to contact me at 978-745-
9595 x 311.
Sincerely,
Frank T rmina
Plann r/Conservation Agent
Enclosures
120 WASHINGTON STREET, SALEM, MASSACHUSETCS 01970 TEL: 978.745.9595 FAX: 978.740.0404 ♦ WWW.SALFM.COM
4
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions #64-395
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: SALEM
When filling From: 1.Conservation Commission
out forms on
the computer, 2. This issuance is for (check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Douglas &Jean Karam
use the return a. First Name b.Last Name c.Company
key. 91 Essex Street
d. Mailing Address
m Salem MA 01970
e.City/Town I.State g.Zip Code
4. Property Owner(if different from applicant):
a.First Name b.Last Name c.Company
d. Mailing Address
e.City/town I.State g.Zip Code
5. Project Location:
25 Winter Island Road Salem
a.Street Address b.Citylrown
MAP 44 LOTS 25 &26
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator): e. Latitude f.Longitude
5. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
ESSEX
a.County b.Certificate(if registered land)
23579 234,239
c.Book d.Page
4/18/05
7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c. Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Topographic Plan of Land
a.Plan Title
Hayes Engineering Richard L. Williams
b.Prepared By c.Signed and Stamped by
4/27/05 1... = 10,
d. Final Revision Date e.Scale
Plot Plan of Land 25 Winter Island Road 11/23/04
f.Additional Plan or Document Title g.Date
wpafonr5Aw• rev.8/1/05 Page 1 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions #64-395
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ® Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife
a
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project,as proposed, is:(check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance standards set
forth in the wetlands regulations. This Commission orders that all work shall be performed in
accordance with the Notice of Intent referenced above, the following General Conditions, and any
other special conditions attached to this Order. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these
conditions shall control.
Denied because:
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the
wetland regulations.Therefore,work on this project may not go forward unless and until a new Notice
of Intent is submitted which provides measures which are adequate to protect these interests, and a
final Order of Conditions is issued. A description of the performance standards which the
proposed work cannot meet is attached to this Order.
c. ❑ the information submitted b the applicant is not sufficient to describe the site the work or th Y PP e
effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this
project may not go forward unless and until a revised Notice of Intent is submitted which provides
sufficient information and includes measures which are adequate to protect the Act's interests, and a
final Order of Conditions is issued. A description of the specific information which is lacking and
why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
3. ® Buffer Zone Impacts: Shortest distance between limit of project disturbance and 20+/-
wetland boundary(if available) a.linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank a.linearfeet b.linearfeet c linearfeet d. linear feet
5. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet
and Waterways
e.cu.yd dredged f.cu.yd dredged
naform5.dm- rev.311/05
Page 2 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions #64-395
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
7. ❑ Bordering Land
Subject to Flooding a.square feet b square feet c.square feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
s. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d cubic test e.cubic feet f,cubic feet
9. ❑ Riverfront area a.total sq.feet b.total sq.feet
Sq It within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft g,square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
it. ❑ Land Under the Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt.
13. El Coastal Beaches a
14. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.cty nourishmt
15. ❑ Coastal Banks a.linear feet b.linear feet
1e. ❑ Rocky Intertidal Shores a.square teat b.square feet
17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
21. ❑ Land Subject to Coastal
Storm Flowage a.square feet b.square feet
wpafomt.doc• rev.311/05 Page 3 of 9
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions #64-395
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper,cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number #64-395 "
wpafo"n5.00c• rev.3/1/05 Page 4 of 9
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions #64-395
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See Attached
space for
additional
conditions,
select box to
attach a text
document
wpaforrn5.dm• rev.3/1/05 Page 5 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions #64-395
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
t. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ❑ No
2. The hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw b.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
a.Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
It you need more c. The special conditions relating to municipal ordinance or law are as follows:
space for P 9 P Y
additional
conditions,
select box to
attach a text
document ❑
wyafom5.eoc• rev.ef1/05 Pape 6 of 9
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions #64-395
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special 5/26/05
condition pursuant to General Conditions #4, from the date of issuance. 1.D e of Issuance
Please indicate the number of members who will sign this form:
This Order must be signed by a majority of the Conservation Commission. 2.Number of signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protgolf'o-n-Rogional Office, if not filing electronically, and the property owner, if different
from applica
Signature
V
wry 0+nar ro
De e
Kef 6'
M/i4 &R
Notary Acknowledgement
Commonwealth of Massachusetts County ofs�
d 6 M boos
On this Day Of Month Year
Before me,the undersigned Notary Public, Ski" CersuyahC n �o r r,/is�bn /f'e 40-s
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification,which was/were
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stat d purpose.
As member of �����Ciry/rown Conservation Commission
fWWKTAORMINA
vo Notary tPublic
Masu
Commomotarof chusetls
My Commission Expires
April 27,2012 Signa a of Notary P lic
d*14 io _
Printed Name of otary P blic ! l '
Place notary seal and/or any stamp above
My Commiss on Exp/es(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on by certifi mil,return receipt requested,on
6/6/oS
Date Date
wpafom,5.Coo• rev.W/05 Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
' WPA Form 5 - Order of Conditions #64-395
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaforrr&dm- rev.3/1/05 Page 8 of
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions #64-395
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land,the
Final Order shall also be noted in the Registrys Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
SALEM
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
SALEM
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
25 Winter Island Road #64-395
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpafoon5.dm• rev.311105 Page 9 of 9
Attachment to Order of Conditions # 64-395
Page 1!of 5
SALEM CONSERVATION COMMISSION
DEP FILE #64-395
25 Winter Island Road
City of Salem, Massachusetts
ADDITIONAL FINDINGS
Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural
Heritage &Endangered Species Program(NHESP)of the Massachusetts Division of Fisheries and Wildlife, it has
been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any
vernal pools.
This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131,Section 40 and the City
of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1 —34-13.
This Order permits the mitigation of shade tree planting within the paper street portion of Winter Island Road, the
planting of approved vegetation to stabilization a Costal Bank,reconstruction of a single-family dwelling and porch
within Land Subject to Coastal Storm Flowage and the Buffer Zones to a Coastal Bank and Salt Marsh at 25 Winter
Island Road,Salem,MA.
SPECIAL CONDITIONS
1. This Order of Conditions must be recorded in its entirety(all 5 pages) at the Essex Registry of Deeds
or the Land Court for the district in which the land is located, within the chain of title of the affected
property; and recording information must be submitted to the Salem Conservation Commission in
writing,before any work approved in this Order commences.
2. Approval of this application does not constitute compliance with any law or regulation other than
M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00.
3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No
alteration of wetland resource areas or associated buffer zones, other than that approved in this Order,
shall occur on this property without prior approval from the Commission.
4. Prior to any work commencing,a sign shall be displayed showing DEP File#64-395,and not placed on
a living tree.
5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the
date of the issuance of this Order.
6. The term"Applicant"as used in this Order of Conditions shall refer to the owner, any successor in
interest or successor in control of the property referenced in the Notice of intent, supporting documents
and this Order of Conditions. The Commission shall be notified in writing within 30 days of all
transfers of title of any portion of the property that takes place prior to issuance of the Certificate of
Compliance.
7. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and
approvals associated with this project. These permits may include but are not necessarily limited to the
following:
Attachment to Order of Conditions # 64395
Page 2of 5
(1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S. Army
Corps of Engineers.
(2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority
of sec. 27(5) of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00.
(3) The City of Salem Wetlands Protection Ordinance and its Regulations
8. If there are conflicting conditions within this Order, the stricter condition(s) shall rule.
9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and
surface waters during construction or after completion of the project.
10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control
methods and boundary during construction if necessary.
11. The Commission or its Administrator,officers,or employees shall have the right to enter and inspect the
property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL
Chapter 131,Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any
data or documentation that it deems necessary for that evaluation.
12. The Commission or its Administrator shall have the discretion to modify the erosion/siltation control
methods and boundary during construction if necessary.
13. The Commission reserves the right to impose additional conditions on portions of this project or this site
to mitigate any actual or potential impacts resulting from the work herein permitted.
14. The work shall conform to the following attached plans and special conditions:
Final Approved Plans
1. Topographical Plan of Land,25 Winter Island Road
2. Plot Plan of Land, 25 Winter Island Road
Title
4/27/05 and 11/23/04 respectively
Dated
Richard L. Williams, Hayes Engineering
Signed and Stamped by
City of Salem Conservation Commission
On file with
15. Any proposed changes in the approved plan(s) or any deviation in construction from the approved
plan(s) shall require the applicant to file a Notice of Project Change with the Commission. The Notice
shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the
change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend
this Order of Conditions. A copy of such request shall at the same time be sent to the Department of
Environmental Protection.
16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has
been issued,the applicant or current landowner shall submit to the Commission a statement signed by the
Attachment to Order of Conditions # 64-395
Page 3of
buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of
the Order of Conditions.
17. Condition Number as indicated shall continue in force beyond the Certificate of Compliance, in
perpetuity, and shall be referenced to in all future deeds to this property.
PRIOR TO CONSTRUCTION
18. Prior to the commencement of any activity on this site other than activities listed above, there shall be a
PRE-CONSTRUCTION MEETING between the project supervisor, the contractor responsible for the
work, and a member of the Conservation Commission or its Administrator to ensure that the
requirements of the Order of Conditions are understood. The staked erosion control line shall be
adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Commission
Agent at(978)745-9595 ext 311 at least forty-eight(48) hours prior to any activity to arrange for the
pre-construction meeting.
19. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and
erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The
Commission and/or its Administrator shall inspect and approve such installation at the pre-construction
meeting.
20. No clearing of vegetation, including trees,or disturbance of soil shall occur prior to the pre-construction
meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre-
construction k r
construction meeting if absolutely necessary in order to place erosion control stakes where req
uired.
21. There shall be 10 hay bales and wooden stakes under cover on the site to be used only for emergency
erosion control.
EROSION CONTROL
22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction,
and shall be maintained during construction in the wetland areas and buffer zones. The erosion control
specifications provided in the Notice of Intent and the erosion control provision in the Order will be the
minimum standards for this project; the Commission may require additional measures.
23. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland
resource areas to prevent sediment form entering wetland resource areas.
24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or
replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed.
25. The area of construction shall remain in a stable condition at the close of each construction day.
26. Any de-watering of trenches or other excavation required during construction shall be conducted so as
to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered
through hay bale sediment traps, silt filter bags or other means approved by the Commission or its
Administrator.
27. Within thirty (30)days of completion of construction on any given portion of the project, all disturbed
areas in the completed portion of the site shall be permanently stabilized with rapidly growing
vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas.
28. If soils are to be disturbed for longer that two months, a temporary cover of rye or other grass should be
established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,
Attachment to Order of Conditions #64-395
Page 4of5,
exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored,to
prevent soils from being washed by rain or flooding.
DURING CONSTRUCTION
29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all
times when work is in progress.
30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on
the approved plan(s).
31. All waste products,grubbed stumps, slash; construction materials,etc. shall be deposited at least 100 feet
from wetland resource areas and 200 feet from river.
32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage
system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be
immediately removed.
33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil
prior to seeding and final stabilization.
34. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale
barriers and/or silt bags to filter silt from stormwater before it enters the drainage system.
35. There shall be no pumping of water from wetland resource areas.
36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other
components shall be fixed immediately.
37. During construction, all drainage structures shall be inspected regularly and cleaned as necessary.
38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance
of enforcement actions by the Conservation Commission including,but not limited to,civil administrative
penalties under M.G.L Chapter 21A, section 16.
AFTER CONSTRUCTION
39. Upon completion of construction and final soil stabilization,the applicant shall submit the following to
the Conservation Commission to request a Certificate of Compliance(COC):
(1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if
required by the Conservation Commission at the time of request).
(2) A letter from a Registered Professional Engineer certifying compliance of the property with this
Order of Conditions.
(3) An "As-Built" plan signed and stamped by a Registered Professional Engineer or Land Surveyor
showing post-construction conditions within all areas under the jurisdiction of the Massachusetts
Wetlands Protection Act. This plan shall include at a minimum:
(a) All wetland resource area boundaries with associated buffer zones and regulatory setback
areas taken from the plan(s)approved in this Order of Conditions;
Attachment to Order of Conditions # 64-395
Page 5_,of 5
(b) Locations and elevations of all stormwater management conveyances,structures and best
management designs,including foundation drains,constructed under this Order within any
wetland resource area or buffer zone;
(c) Distances from any structures constructed under this Order to wetland resource areas-
"structures"include,but are not limited to, all buildings,septic system components, wells,
utility lines,fences,retaining walls,and roads/driveways;
(d) A line delineating the limit of work-"work"includes any filling,excavating and/or
disturbance of soils or vegetation approved under this Order;
40. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds
and a copy of the recording submitted to the Salem Conservation Commission.
41. If the completed work differs from that in the original plans and conditions, the report must specify how
the work differs; at which time the applicant shall first request a modification to the Order. Only upon
review and approval by the Commission,may the applicant request in writing a Certificate of
Compliance as described above.
42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has
authorized their removal.
ADDITIONAL CONDITIONS
43. Any de-watering of trenches or other excavation required during construction shall be conducted so as
to prevent siltation of coastal wetland resource areas. All de-watering activities shall be filtered through
hay bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator
and discharged into the catch basin. The applicant is responsible for inspecting and cleaning the catch
basin before and after de-watering activities. As proof of inspection, the applicant shall forward to the
City Engineer, a copy of the CCTV Video Tape.
44. The number,type, size,and location of mitigation planting of shade trees within the paper street portion
of Winter Island Road shall be reviewed and approved by the City Tree Warden. A copy of the City
Tree Warden's written approval shall be forwarded to the Commission. The applicant shall not plant
the approved shades trees until the fall of 2005, between the months preferred by the City Tree Warden.
45. No Certificate of Compliance shall be issued until two full growing seasons have passes. If any of the
approved shade trees planted do not take hold, the applicant shall be responsible for planting another
tree, same type and size, until such trees have taken root successfully.
46. The applicant at his/her expense shall replace any existing arborvitae trees located at 15 Winter Island
Road that are damaged and/or die as a result of construction of the new foundation.
47. In no way shall any machinery, vehicles, stockpiled debris, or activity in the paper street portion of
Winter Island Road obstruct public access to the waterfront. Any activity within the public right-of-way
other than the public access to the waterfront needs to be reviewed and approved by the City Engineer.
48. There shall be not dumping of yard waste and/or any other debris into the coastal resource area. All
debris currently found in the coastal resource areas shall be removed immediately.
49. No machinery or stockpiled material is to locate within the coastal resource area or its buffer zone.
f
Massachusetts Department of Environmental Protection Provided by DEP: T 1 TP— F ,'
Bureau of Resource Protection - Wetlands " li
'DEP File Number,"", , '
WPA Form 3 - Notice of Intent "� ''
8 ! .
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ,....,e.. .n. _ _
City/Town
A. General Information
1. Project Location (Note: electronic filers will click on button for GIS locator):
Z5 WLK4er— 151anA 906- . 56,lewm 01q-10
a.Street Address b.City/Town c.Zip Code
Latitude and Longitude: d.Latitude e. Longitude
y�q p 44- (64e,, 25 SZIc
f.Assessor Map/Plat Number g.Parcel/Lot Number
Important:
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forms on the q $ �Jp�,.� /� a l Vl
computer, use 770t) Sma. First N Y
only the tab iamee Ib.LLast Name c.Company
key to move R l C45P
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� Phone Number i.Fax Number j. Email address
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3. Property owner(if different from applicant): ❑ Check if more than one owner
a. First Name b.Last Name c.Company
d. Mailing Address -
Note:
Before e.City/Town f. State g.Zip Code
completing this
form consult h. Phone Number i. Fax Number j. Email address
yourlocal
Conservation 4. Representative (if any):
Commission 71r1+, ibjivtn C�trDUer & FreU
regarding any a. Firm
municipal bylaw 6C-0 {�-i �i ro 1/er
or ordinance. b.Contact Person First Name c.Contact Person Last Name
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d. Mailing Address
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e.City/Town f.State g.Zip Code
478-74-5- 8ob5
h.Phone Number i. Fax Number j. Email address
❑ Select if you want to see 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
Wetland Fee
Transmittal a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
Form.
6. General Project Description:
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Massachusetts Department of Environmental Protection Provided by DER
Bureau of Resource Protection - Wetlands e N ' ""''t
DEP File Number
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WPA Form 3 - Notice of Intent 14 '� '' ,f �
Document Transaction Number.
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -
City/Town
A. General Information (continued)
7. Project Type Checklist:
a. YSingle Family Home
b. ❑ Residential Subdivision
c. ❑ Limited Project Driveway Crossing
d. ❑ Commercial/Industrial
e. ❑ Dock/Pier
f. ❑ Utilities
g. ❑ Coastal Engineering Structure
h. ❑ Agriculture—cranberries, forestry
i. ❑ Transportation
❑ Other
8. Property recorded at the Registry of Deeds for:
�e � 3 V a3 �
a. Cou359 ty c. Page Number
' 7
b.Book d.Certificate#(if registered land)
9. Buffer Zone Only
Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or
coastal resource area?
a. u Yes If yes, please answer Question 10 below, then skip to Section C.
b. ❑ No If no, check the resource areas to be affected by this project in Section B.
10. Has work been performed on the property under an Order of Resource Area Delineation involving
Simplified Review within 3 years of the date of this application?
a. No
b. ❑ Yes
If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work
within the 50-foot-wide area in the Buffer Zone along the resource area during the three-year
term of an Order of Resource Area Delineation, or any Extended Order, or until the applicant
receives a Certificate of Compliance,whichever is later.
wi,aformleoc-rev.3l1105 Page 2 of 8
Massachusetts Department of Environmental Protection Provided by
Bureau of Resource Protection - Wetlands `4* '"' '
( DEP File Number tk ti, � E
WPA Form 3 - Notice of Intent ' 1k
Y_
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 '
CityfTown
B. Resource Area Effects
Buffer Zone Setback
If the project involves only work in the buffer zone, the distance between
closest project disturbance and the ❑ BVW ❑ inland bank Rcoastal ®�
resource area (check one) associated with the buffer zone is: near feet
Inland Resource Areas
Check all that apply below. Attach narrative and any supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including
standards requiring consideration of alternative project design or location.
Online Users:Include your Resource Area Size of Proposed Alteration Proposed Replacement (if any)
document
transaction a. ❑ Bank 1.linear feet 2. linear feet
number b. ❑ Bordering Vegetated
(provided on Wetland 1.square feet 2.square feet
your receipt
page)with all c. ❑ Land Under 1.square feet 2.square feet
supplementary Waterbodies and
information you Waterways
3.cubic yards dredged
submit to the d. ❑ Bordering Land
Department. Subject to Flooding 1.square feet 2.square feet
3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced
e. ❑ Isolated Land Subject
to Flooding 1.square feet
2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced
f. ❑ Riverfront area Name of Waterway(if available)
1. Width of Riverfront Area (check one):
❑ 25 ft. - Designated Densely Developed Areas only
❑ 100 ft. - New agricultural projects only
❑ 200 ft. -All other projects
2. Total area of Riverfront Area on the site of the proposed project: Square Feet
3. Proposed alteration of the Riverfront Area:
a.Total Square Feet b.Square Feet within 100 ft. c.Square Feet between 100 ft.and 200 ft.
4. Has an alternatives analysis been done and is it attached to this NOP ❑ Yes❑ No
5. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No
wpaform3.doc•rev.3/1/05 Page 3 of 8
Massachusetts Department of Environmental Protection Provided by DER V�1R
Bureau of Resource Protection - Wetlands
� DEP File Number
A+ Id•� v ,e
WPA Form 3 - Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -
City/Town
B. Resource Area Effects
2. Coastal Resource Areas:
Check all that apply below. Attach narrative and supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including
standards requiring consideration of alternative project design or location.
Online Users: Resource Area Size of Proposed Alteration Proposed Replacement(if any)
Include your
document
transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
number
(provided on b ❑ Land Under the Ocean 1.Square feet
your receipt
page)with all 2.Cubic yards dredged
supplementary Indicate size under Coastal Beaches and/or Coastal Dunes
information you G. ❑ Barrier Beach
below
submit to the
Department. d. ❑ Coastal Beaches 1. Square feet 2.Cubic yards beach nourishment
e. ❑ Coastal Dunes 1,Square feet 2.Cubic yards dune nourishment
f. ❑ Coastal Banks 1. Linear feet
g. ❑ Rocky Intertidal Shores 1.square feet
h. ❑ Salt Marshes 1.Square feet 2.Sq ft restoration,rehab.,or creation
i. ❑ Land Under Salt Ponds 1,square feet
2.Cubic yards dredged
j. ❑ Land Containing
Shellfish 1.Square feet 2.Square feet restoration,rehab.
k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
1.Cubic yards dredged
i. ❑ Land Subject to Coastal
Storm Flowage 1.square feet
3. Limited Project:
Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
10.24 or 310 CMR 10.53?
a. ❑ Yes ❑ No If yes, describe which limited project applies to this project:
b. Limited Project
wpaform3.doc•rev.3/1/05 Page 4 of 8
Massachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection - Wetlands
=' ft, �
DEP File Number,,,., �, y , wsr.
WPA Form 3 — Notice of Intent j ` l F 1
lip+ Docu —
_.1. 1_'--
City/Town
C. Bordering Vegetated Wetland Delineation Methodology
Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary:
Online Users: 1. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP
Include your (attached)
document
transaction 2. ❑ DEP BVW Field Data Form (attached)
number
(provided on 3 ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached)
your receipt
page)with all 4. ❑ Other Methods for Determining the BVW Boundary (attach documentation):
supplementary
information you a. ❑ 50% or more wetland indicator plants
submit to the
Department. b. ❑ Saturated/inundated conditions exist
c. ❑ Groundwater indicators
d. ❑ Direct observation
For all projects
affecting other e. ❑ Hydric soil indicators
Resource
Areas, please f. ❑ Credible evidence of conditions prior to disturbance
attach a a. 15inne— b..17el MAr5ti
narrative 5. Other resource areas delineated:
explaining
e�eso reow D. Other Applicable Standards and Requirements
area was
delineated. 1. Is any portion of the proposed project located in estimated habitat as indicated on the most recent
Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and
Endangered Species Program?
a. ❑ Yes [�No If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
do V1 G 17-043 Route 135, North Drive
b. Date of Map Westborough, MA 01581
2. For coastal projects only, is any portion of the proposed project located below the mean high water
line or in a fish run?
❑ Yes['No If yes, include proof of mailing or hand delivery of NOI to:
Massachusetts Division of Marine Fisheries
251 Causeway Street, Suite 400
Boston, MA 02114
❑ Not applicable—project is in inland resource area only
3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP
a. El Yes [v�No
Website for ACEC locations). Note: electronic filers click on Website.
b.ACEC
wpaform3.doc•rev.311105 Page 5 of 8
Massachusetts Department of Environmental Protection Provided by DEP" 4,
Bureau of Resource Protection Wetlands °rl ' ' ` "
WPA Form 3 - Notice of Intent (IDEP File Number
e 1, , as , h.�1ra
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 �—
City/Town
D. Other Applicable Standards and Requirements
Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Include your Restriction Act(M.G.L. c. 131, §40A)or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)?
document �
transaction a. ❑ Yes 2 No
number
(provided on
your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the
page)with all wetlands regulations, 310 CMR 10.00.
supplementary
information you a. ❑ Yes [9�No If yes, describe which exemption applies to this project:
submit to the
Department.
b.Exemption
6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes [�'No
b. If yes, stormwater management measures are required. Applicants should complete the
Stormwater Management Form and submit it with this form.
c. If no, explain why the project is exempt:
E. Additional Information
Applicants must include the following with this Notice of Intent(NOI). See instructions for details.
Online Users: Attach the document transaction number(provided on your receipt page)for any of
the following information you submit to the Department.
1. [R USGS or other map of the area (along with a narrative description, if necessary)containing
sufficient information for the Conservation Commission and the Department to locate the site.
(Electronic filers may omit this item.)
2. V Plans identifying the location of proposed activities (including activities proposed to serve as
a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to
the boundaries of each affected resource area.
3. ❑ Other material identifying and explaining the determination of resource area boundaries
shown on plans (e.g., a DEP BVW Field Data Form).
4. ❑ List the titles and dates for all plans and other materials submitted with this NOI.
5. ❑ If there is more than one property owner, please attach a list of these property owners not
listed on this form.
s. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
a. ❑ Attach NOI Wetland Fee Transmittal Form
s. ❑ Attach Stormwater Management Form, if needed.
wpaform3.doc•rev.311105 Page 6 of 8
Massachusetts Department of Environmental Protection Provided by DEP:
V
Bureau of Resource Protection - Wetlands
DEP File Number
WPA Form 3 - Notice of IntentL1
Document Transaction Number.
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 - -.
City/Town
F. Fees
The fees for work proposed under each Notice of Intent must be calculated and submitted to the
Conservation Commission and the Department(see Instructions and NOI Wetland Fee Transmittal
Form).
No fee shall be assessed for projects of the federal government, the Department, or cities and towns
of the Commonwealth.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland
Fee Transmittal Form)to confirm fee payment:
A, 1 17/7 q11 05
1. Municipal Check
ck Number 2.Check ate
11--//�� ', 4 7
3.State/Check Number 4.C�hec date
Tn it� Quinn C nla P C-
5.Payor name dn check: First Name 6.Payor name on check:Last Name
G. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying
plans, documents, and supporting data are true and complete to the best of my knowledge. I understand
that the Conservation Commission will place notification of this Notice in a local newspaper at the
expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
require nts of M.G.L. c. 131, §40. Notice must be made in writing by hand delivery or certified mail
(return ceipt re to )to abutters within 100 feet of the property line of the prof t location.
Z6s
Signature of plicant Date
Sig e o Pr ert)L wn (if different) Date
4111 OS
i n ure of Represe tative(if any) Date
F Conservation Commission:
Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two copies
of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the city/town fee payment must be sent to the
Conservation Commission by certified mail or hand delivery.
For DEP:
One copy of the completed Notice of Intent(Form 3), including supporting plans and documents; one copy of
pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and a copy of the state fee payment must be sent to
the DEP Regional Office (see Instructions) by certified mail or hand delivery. (E-filers may submit these
electronically.)
Other:
If the applicant has checked the"yes" box in any part of Section D, Item 3, above, refer to that section and the
Instructions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely
manner may result in dismissal of the Notice of Intent.
wpaform3 doc•rev.311/05 Page 7 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important: A. Applicant Information
When filling out
forms on the 1. Applicant:compu TT
onlyth tab DO las-' VP� Karam
only the tab vv
key to move a.First Name b.Last Name c.Company
your cursor- 9/ Essex Srev_
do not use the d. Mai � ss
return key. q mA O/97D
e.City/Town f.State g.Zip Code
97B - 7y/-ai79
h.Phone Number
2. Property Owner(if different):
a.First Name b.Last Name c.Company
d.Mailing Address
e.Cityrrown f.State g.Zip Code
h. Phone Number
3. Project Location:
a5 ldnkv
a.Street Address b.City/Town
To calculate B. Fees
filing fees, refer
to the category Notice of Intent(Form 3) or Abbreviated Notice of Intent(Form 4):
fee list and
examples in the instructions for The fee should be calculated using the following six-step process and worksheet. Please see
filling out WPA Instructions before filling out worksheet.
Form 3(Notice of
Intent). Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and
buffer zone.
Step 2/Number of Activities: Identify the number of each type of activity.
Step 3/individual Activity Fee: Identify each activity fee from the six project categories listed in the
instructions.
Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2)times the fee per
category (identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a
Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be
multiplied by 1.5 and then added to the subtotal amount.
Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4.
Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract
$12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50.
Wpaform3.dcc•NO]Wetland Fee Transmittal Form•rev.4114105 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Fees (continued)
Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity
of Activities 3/individual Fee
Activity Fee
CufPy�y .z - 5rik4w/6 50d•Do 500. o0
�jous�
Step 5/Total Project Fee: �SDD•0 0
Step 6/Fee Payments:
jr00. 00
Total Project Fee: a.Total fee from step 5
A 3 7,Sb
State share of filing fee:
b.1/2 total fee less$12.50
City/Town share of filling fee: a6 a- 50
c. 1/2 total fee plus$12.50
C. Submittal Requirements
a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee,
payable to the Commonwealth of Massachusetts.
Department of Environmental Protection
Box 4062
Boston, MA 02211
b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent;
a copy of this form; and the city/town fee payment.
c.) To DEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated
Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of
Intent may submit these electronically.)
Wpafonn1doc•NOI Wetland Fee Tmnsmiltal Form•rev.4114105 Page 2 of 2
S
x _
YkY�4',g4� +{� F Wi3 �✓ C '< ue3...m.., e... -. r �..., .., _ �
*25 Winter Island Rd Salem, MA 019 70-5 766
a _
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®2005 Yalwo!ha
9 "
L
CITY OF SALEM
CONSERVATION COMMISSION
April 15, 2005
Douglas and Jean Karam
91 Essex Street
Salem,MA 01970
Re: Violation at 25 Winter Island Road
Dear Mr. & Mrs. Karam:
As you are aware, On December 30, 2004 you filed a Request for Determination of
Applicability (RDA) with the Salem Conservation Commission for the addition of an
existing deck and clearing of some site vegetation within the Buffer Zone of a Coastal
Bank and within Land Subject to Coastal Storm Flowage. On January 13, 2005 the
Salem Conservation Commission issued a Negative Determination for the proposed work
within the buffer zone with the understanding (as shown on the approved plans dated
11/23/04) that minimal work would be performed within the buffer zone and therefore
would not require the filing of a Notice of Intent (NOI).
On April 13, 2005 it was brought to my attention that a considerable amount of site work
was being performed at 25 Winter Island Road, potentially within the buffer zone.
Following a site inspection, I observed a backhoe and a considerable amount of soil and
boulders stockpiled within the buffer zone with no erosion control measures in place. In
addition, to the above-referenced resource area on site, it was also determined that Salt
Marsh also exists on site. The Salt Marsh also has a one hundred foot buffer zone, and
the stockpiled material is located approximately 25 feet away. The work that is currently
being performed has significantly altered the buffer zone and could potentially harm the
coastal resource areas.
At this time, the Salem Conservation Commission is directing you to stop all work,
stabilize you site (by removing all stockpiled material and machinery from the buffer
zone and return the buffer zone to its original grade), and file a Notice of Intent including
all required submittal documents with the Salem Conservation Commission as soon as
possible.
120 WASH I NGTON STREET, SALEM, MASSACHCSETTS 01970 •TEL: 978.745.9595 FAX: 918.740.0404 0 WW W.SALEM.CO
Should you have any question regarding this matter, please feel free to call me directly at
(978) 745-9595 extension 311.
Sincerely,
ank a ina
lanner/Conservation Agent
Cc: Massachusetts Department of Environmental Protection
Kevin Comacchio,Chairman
Thomas St.Pierre,Building Commissioner
Bruce Thibodeau,City Engineer/Director of Public Services
Joseph Nerden, Asst. City Engineer
re
25 Winter Island Road
Wetland Violations
Photo Log
IM
•Y� .k.ip'�� G '�.i >'� `�p�t � ii �� '.hl' i
A N �t.G �3 gyp. yg�✓�' �,' L
View of stockpiled material in buffer mne directly abutting
the coastal resource areas.
r
�.,• } iM^'`5rd� - is sj'
py,Al'47
1Y J
3
r
t
a x
'P
View of stockpiled material encroaching on abutting
P 9 9
s
%jet
eT
y .
Overhead view of stockpiled material and its proximity to
the Salt Marsh and Coastal Bank.
-
m
r
View from public right-of-way(paper street portion of Winter
Island Road)which was clear-cut and encroached upon.
2
LOCAL
Salem STATUE
s
■Continued fro?
for nearly 90 mtm
Conservation ¢ divided
ca"If you
looked t
forth over the St.
j
"If you gave it
row,they'd say tl
officials Sto supporter& iting shouts of"y,
ponent
a ponents.
,k "Who's it going
�. to in the future?'
Burns Said,draw
demolition from supporters.
The meeting do
yofficials, past ai
Councilor Tom F
Committee men
> By Tom DALTON servation Commission would spoke in favor of
STAFF WRITE have approved a project that re- Rep.JohnKeep^
ti quired heavy equipment working directdesc
SALEM—A Salem man has so close to a valuable marsh area one of the
been ordered to stop working on Several members of the commis- hanged for'%
his property at 25 Winter Island sion admitted they also were con- "I was dri,
Road,where he has demolished a fused about the extent of work and Statehouse ti_
house and taken down several did not realize how much of the newspaper bd.
File photo large trees. property was in a protected buffer on the side off,
hopes to turn It into a maritime academy. The Conservation Commission zone near the water. One board "When I was do
issued the order to Douglas Karam member said he thought Karam here I saw a poll
g after a neighbor complained that was removing"junk trees,"not had witch on th
l)ves forward pile of dirt
ton workers left a large mature maples.The board visited went to my ward
pile of dirt and rocks too close to a the site at the end of April. � to get a shirt to
protected wetlands area.Winter An attorney for Karam said his this shirt which
Island Road is on the edge of Salem client stated in his original work ... Witchcraft al
Harbor. applications that he planned to signia is part o
other ma- two months to draw up the docu- A city conservation official visit- "reconstruct"the house and filed here in Salem."
the school. ment. . ed the site and confirmed that vio- plans showing the"new house"to But other desc
2fitms
school Parker said he was generally lations had taken place. Karam be built.However,attorney Bill trial victi —in
residents. pleased with the meeting, but was ordered to stop all work and Quinn conceded that Karam's in- other Nurse desc
raised con- would have to wait to see the re- remove the dirt and heavy equip- tentions were not clear to neigh- ferently,and seve
iresidents, quest for proposals to know ment bors and city officials. opposition.And
icilor Jean whether his plan can move for- At a hearing last week,neigh- "It's obvious there was a mas- Barz-Snell,mini
51 could in- ward. bors said they had no idea Karam sive lack of good communication," Church in Salem,i
ter Island, "I think right now I'm not going planned to take down the house Quinn said."We have to take re- ue will sit directl
�al for the to do any more until I see what the and trees,some of which they said sponsibility. We're the appli- former site of hi
tg too little (document)looks like,"Parker were 50 years old and in a public cants." Nurse was excom
�nestimat- said."I knew this was the process, right of way. They said they At the Conservation Commis- "The First Ch
:ended the so that's what it's got to be." thought he was going to renovate Sion meeting,Karam apologized to Barz-Snell said,
"spoke out Even if Parker's plan doesn't the house and add a porch. neighbors for any misunderstand- this sort of statue
work out,however,Bollen said One neighbor,Joanne Scott, ing and pledged to do everything by the city of Sa
ard did not his proposal had prodded the said she does not believe the Con- he can to correct the situation. yards away froi
jbut rather commission to move forward on we committed ar
iposals for redeveloping the property,which
including has been vacant for years.He said ��r
!now work sides
Fir hoped other developers be- First all-school arts show request for sides Parker would come forward 0OF
will with their own ideas.develop- + n� m u�
r thebui d- zeThat the commissioners) in recog-ally is l.onight at Salem high
the build- nine that the building is in really o�
for educa- bad shape,"Bollen said. "It's a I_
'Purposes. first step toward some type of de- By ANNA ScoT r has taughtfor30 years."My thought r
ake one to velopment." STAFF wwTER was to bring all the arts in the city
together." By CHRIS
SALEM—The first all-school She hopes the festival will grow STAFF'
f arts show is tonight at the high and eventually take place on
school. Salem Common BEVERLY—
Players' performance of the Students of an ages,from kinder- Among tonight's highlights are independent eff
11,14
Broadway musical "Once On Rartnersto recent graduates,will be seniors'visual art portfolios,the all- minion for Bevel
Ctu EngineeringLand Surveying Environmental C
HANCOCK
ASSOCIATES
# 11944 a 26 April 2005 RECEIVED
Douglas Karam MAY 1 0 2005
91 Essex Street DEPT. OF PLAtdN!?JG&
Salem, MA 01970 COMMUN! YDEVELOPMENT
RE: 25 Winter Island Road
Salem, Massachusetts
Dear Sir:
This is written to describe conditions observed today at 25 Winter Island Road. I have
reference to a Notice of intent filed 19 April 2005 by Tinti, Quinn, Grover and Frey and
to a Topographic Plan of Land prepared by Hayes Engineering and dated April 27,
2005.
The subject property is bordered on the North and West by salt marsh and a tidal basin.
The existing dwelling has recently been demolished and the debris removed from the site.
Clearing of vegetation on uplands within the Buffer Zone has been undertaken pursuant
to a Determination of Applicability issued in December 2004. Excavation of a cellar hole
for the proposed dwelling has been partially completed(the existing house had no
suitable foundation or frost footings). Sidecast material from the excavation has been
removed from the property and a siltation barrier consisting of polymer fencing and
staked hay bales is in place and in function. I attach photographs of the site taken this
morning.
Much of the proposed dwelling lies within the Buffer Zone, and is thus subject to
jurisdiction under the Wetland Regulations. The activities relating to the recent
enforcement action have been addressed and mitigated to the extent possible at this stage
in the construction process. The site is in stable condition. No erosion of soils or
pollutants is in process,nor is there any evidence of damage to the salt marsh as a result
of the recent clearing and excavation.
I recommend that you consider replanting of the upland area between your proposed
house and the salt marsh with native plants. Three trees cleared from this area all appear
(from the remaining stumps) to have been Norway Maples. Norway Maple is a common
invasive species unsuitable for planting in proximity to wetlands. You may elect to
replace these trees with more appropriate specimens, or to plant lower-growing shrubs
and groundcovers to retain your view. Soils in the cleared area are in no danger of
DANVERS OFFICE: BOLTON OFFICE:
185 Centre Street, Danvers, MA 01923 626 Main Street, Bolton, MA 01740
Phone: )978) 777-3050 Fax: )978) 774-7816 Phone: )978) 779-6767 Fax: )978) 779-2228
HSA@hancockassociates.com bolton@hancockassociates.com
www,hancockassociates.com
erosion, as a healthy groundcover remains throughout the site, and the stumps have not
been removed. I recommend that they be ground to just below the surface, covered with
loam and planted or seeded to prevent root sprouting.
Among others, you might consider planting Fragrant Sumac, Shadbush, Chokeberry,
Beach Plum Witch Hazel Re
d Oak, Larch and Jumper. All of these species are salt-
tolerant natives with numerous ornamental cultivars available, and are as suitable for
screening and landscaping as they are for mitigation and wildlife habitat values.
Two of the trees cut were located within a paper street (which may be private or public—
I have as yet been unable to determine its status). If the street is indeed public, it may be
necessary to plant street trees,possibly elsewhere in Salem, in mitigation. I strongly
advise against any more Norway Maples anywhere, and recommend you consider Pin
Oaks or other suitable native trees. Resolution of the status of the paper street is in the
hands of the Tree Warden and City Engineer. I have not yet reached the Engineer,but
will continue my efforts tomorrow, with the newly prepared plans in hand.
If you have any questions,please contact me at your convenience.
Hancock Associates
John Di
etland Scientist
Chil Engineering Land Surveying: Environmental Consulting Landscape Architecture
HANCOCK
ASSOCIATES
# 11944 a
28 April 2005
Douglas Karam
91 Essex Street
Salem, MA 01970
RE: 25 Winter Island Road
Salem, Massachusetts
Dear Sir:
I spoke today with Joseph Nerden, P.E. the City Engineer concerning utilities and the
Winter Island Road right of way extending past your site toward the cove. I gave him a
copy of the Topographic Plan of Land prepared by Hayes Engineering and dated April
27, 2005. For purposes of clarity in the following remarks I will refer to the intersection
of Winter Island Road as the location at the lower left-hand corner of the Hayes plan,
approximately 70 feet distant from the southeast corner of your property.
Mr. Nerden expressed concern with regard to the existing sewer connection(which
appears to run cross lots to Winter Island Road rather than to the existing sewer manhole
located in front of the site). Hayes Engineering reports that the 8 inch sewer is plugged at
this manhole. In accordance with Mr. Nerden's suggestion, Groom Construction has
undertaken flushing and television inspection of the line out to the next manhole in
Winter Island Road. I understand you have received a report on the condition of the pipe,
and that it is suitable for the installation of a new wye-connection(if indeed the
connection is not already in place).
We also discussed the water service, an existing I inch copper line connected to the
municipal main out at the intersection of Winter Island Road. Although not shown on the
plan, it is likely that the curb service gate for your line is located out at the intersection.
Mr. Nerden felt it probably would not be necessary to replace the service,but emphasized
that a homeowner is responsible for maintenance and repair to water service from the
location of the service to the dwelling.
Winter Island Road extends past your proposed house toward the cove in an
unconstructed right of way approximately 20 feet in width. You have expressed your
willingness to restore this right of way to its prior state. In the short term it is necessary to
use the right of way for construction access.
DANVERS OFFICE: BOLTON OFFICE:
185 Centre Street, Danvers, MA 01923 626 Main Street, Bolton, MA 01740
Phone: (978) 777-3050 Fax: (978) 774-7816 Phone: (978) 779-6767 Fax: (9781 779-2228
HSA@hancockassociates.com bolton@hancockassociates.com
www.hancockassociates.com
I trust my comments above accurately reflect Mr. Nerden's concerns and the appropriate
measures to be taken.
If you have any questions, please contact me at your convenience.
Hancock Associates
John Dick, P.
cientist
.Ja,r.. U. 0`dd6 a lT" (07) 471-1199
At-4 A .5"" -%.b.16(07)s,"25.
pd'id. q. ff-J o,.Lulk and &"Y110�.
1266 "7,Foace s '05 RECEIVED
it", 02169-4758
APR 2 S 2005
April 28, 2005 DEPT. Of PLANNING&
COMMUNITY DEVELOPMENT
VL4 FACSIMUE NO.: (978) 740-0404
Kevin Coracchio,Chairman
City of Salem Conservation Commission
120 Washington Street
Salem,Massachusetts 01970
jie: 25 Winter Island Road,Salem,MA
Dear Mr.Chairman:
This office represents Edward M.Moriarty,Jr.and Joanne Scott,owners of 29
Winter Island Road, Salem,and we are writing to you concerning 25 Winter Island Road
(hereinafter the Subject Property). Let me first state that our clients harbor neither ill will
nor animosity towards Douglas and Jean Karam,owners of the Subject Property,and
they are not opposed to the Karams previously stated plans for renovating the premises. I
note that Ed and Joanne conveyed a small portion of their land to Mr. and Mrs. Karam so
that the Karams could proceed with their plans to renovate the residence at 25 Winter
Island Road.
Nonetheless,our clients have a number of concerns relative to the actions recently
undertaken upon the Subject Property and the impact those actions have had,and will
have,upon the fragile environment in this area. Among these concerns is whether the
actions to date have been undertaken with the appropriate oversight and guidance of all
necessary authorities,including the Conservation Commission.
Lest month Ed Moriarty contacted me because he had serious concerns relative to
Mr.and Mrs. Karam cutting down several tress that Ed believed were located on a right
of way between his property and the Karams'property. I,in turn, spoke with Attorney
Scott Grover who represents Mr. and Mrs.Karam. Attorney Grover Indicated his clients
had received permission from the Conservation Commission to clean up the area by
removing various brush and"Junk"trees, He further informed me that the area in
between the two properties was a"paper street". I suggested to him that the cutting down
Kevin Comacchio,Chairman
City of Salem Conservation Commission
Page 2
April 28,2005
of five large maple trees,which Ed estimated were at least 50 years old,did not constitute
cleaning up an area,and I also questioned his clients'authority to cut down uses on the
area Attorney Grover maintains is city property. It was agreed by Attorney Grover and I
that hereafter better communication would be exercised between our respective clients
and the matter was dropped.
We revisit this issue at the present time because it now appears this was not an
isolated incident,but may be indicative of a pattern of conduct that the Commission
should be mindful of in reviewing this matter.
Next,we have the demolition of the residence upon the Subject Premises. This is
the work that gave rise to the Conservation Commission's stop work order. We are
mindful the Commission,through its agents,has conducted its own investigation and will
not revisit facts concerning the some. However,we believe that the Commission should
be aware that the Karams' application to the Zoning Board for which a Special Permit
was granted indicated the work would involve the reconstruction and renovation of the
existing structure. The application and ph=submitted all reference the reconstruction,
renovation of,and addition to,the existing structure. Please see North Shore Survey
Corporation Plan submitted by the Kamms to this Commission. Based upon the
foregoing,there would appear to be a question,albeit,not for this Board,as to whether
any Building Permit issued pursuant to the Special Permit is valid.
What certainly is within the purview of this Commission,however,is the
regulation of future actions upon the Subject Property. It is uncontroverted that the
existing structure has been demolished,the work was accomplished with the use of heavy
construction equipment,and the stockpiling of debris within the Buffer Zones for the
Cove and the Salt Marsh At this point,our clients rwpecdWly submit that how we
arrived at this juncture is not the issue for consideration. Certainly,it may have been a
misunderstanding or lack of knowledge on the part of the Karams or their contractor.
Again,however,this is not the critical issue that need be addressed by the Conservation
Commission and other City Boards. Rather than review how these events transpired,our
clients would prefer the focus be upon the appropriate response to those events.
My clients respectfully submit the first line of inquiry should be a determination
as to what, if any,damage has occurred to the Salt Marsh or the Cove as a result of the
actions taken to date,taking into consideration the removal of trees,the demolition of the
house,and the use of heavy equipment and stockpiling of debris upon the premises. In
addition,nearly the entire house lies within the 100 foot Buffer Zone of the Salt Marsh as
delineated on the North Shore Survey Corporation Plans submitted to the Conservation
Commission. Thereafter, if there is a determination the Cove or the Salt Marsh have
been affected the next question is a determination of what remedial action must be taken.
Assuming the remedial action,if any, is accomplished,then we would suggest the
Commission determine preventative or protective actions that must be undertaken by the
Kevin Comacchio,Chairman
City of Salem Conservation Commission
Page 3
April 28,2005
Kerams in connection with whatever construction the building commissioner determines
will be allowed under the Special Permit previously granted.
Again,our clients are not asking this Commission to act as a sanctioning body
relative to the actions that have been taken to date. Rather they merely request that the
Commission undertake actions it deems necessary to correct what has transpired, and set
in place appropriate safeguards to insure fume harm does not occur to either the Cove or
the Salt Marsh.
Thank you for your consideration of this matter.
Very truly yours,
Patrick J. Sweeney
PJS:vb
cc: Frank Taormina,Planner/Conservation Agent(Via Fax No. 998 740-0404)
Edward J. Moriarty,Jr.and Joanne Scott
w.wnaulsrrma..n.
TOTAL P.04
�`.ut�'OOW➢TAA l�
a CITY OF SALEM
CONSERVATION COMMISSION
April 3, 2008
Douglas and Jean Karam
25 Winter Island Road
Salem, MA 01970
Re: DEP#64-395-25 Winter Island Road, Salem, MA
Dear Mr. and Mrs. Karam:
After review of your file it appears that your Order of Conditions #64-395 will expire on
May 26, 2008. The Order of Conditions issued on May 26, 2005 was for the re-
construction of a single family home at the above referenced property.
If this project is complete, you should submit the required reports and Request a
Certificate of Compliance (enclosed forms) from the Salem Conservation Commission.
It is also highly recommended that you confirm that all special conditions have been
completed and fulfilled prior to requesting a Certificate of Compliance. A full Certificate
of Compliance will not be issued if special conditions have not been completed and
fulfilled.
If this project has not been completed,than you must submit a written request for an
extension of the existing Order of Conditions to the Commission at least 30-days prior to
the expiration of the order, as required in the Wetland Protection Act. Given that the
Order is about to expire you will can request an extension from the Commission, but they
may require that you file a new Notice of Intent. If the project has not been completed
and your Order of Conditions expires, you will be required to file a new Notice of Intent
to complete this previously approved project.
Please contact me at (978) 619-5685 if you have any questions.
Since ly,
GcP/>
Carey Du ues
Conserva ion Agen anner
Enclosures
603 Salem Street Nantucket, MA 02554
��� Wakefield, Mq 01880 Tel:
Hayes Engineering, Inc. Fel: (787)2a6-2800 (508)228.7909
ax: (7at)gas-75s6 Refer to File# SAL-0059A
April 9, 2008
Conservation Commission
120 Washington Street, 3rd. FI.
Salem, MA 01970
RE: Certificate of Compliance— DEP File#64-395
25 Winter Island Road, Salem, MA— Karam property
Dear Commission members,
In conjunction with the request for a Certificate of Compliance for the Island Road we are providing the following information. work Performed
Our firm has at 25 Winter
at
an as-built survey and I have conducted a
the as-built plan are attached for your use. site visit at the Property.
I find, based on the surveyP perty. Copies of
ro osedd p Ian and is
the project has been constructed substantially in
compliance with the pP
for this work.
MY opinion that a certificate of compliance can be issued
Please feel free to contact me with any questions you may have regarding this mat
ery truly
ter.
0
l
Richard L. Williams, P,E.
Project Engineer
Enclosure
cc: Doug Karam
0
SCHUMACHER
Jean Karam
25 Winter Island Road
Salem, MA. 01970
April 12, 2006
RE: Tree planting @ right of way
Adjacent to 25 Winter Island Rd.
Dear Jean,
As a result of our meeting today on site with Dick Rennard, ( Salem tree warden), Scott
Grover, you and I, we are proceeding with installing the following trees in the right of
way in accordance with Mr. Rennard's request as follows:
Two +/- 5" caliper Red Maple ("October Glory") trees
Two +/- 5" caliper Honey Locust ("Halka") trees
Our understanding is that the trees will be planted along the current rock wall at the
approximate distance away from the wall of the existing tree stumps. The four trees will
be planted starting from the end of the stone wall closest to the water and move in a
consistent dimension toward the street in order to provide adequate/appropriate distance
such that the new trees have the opportunity to survive.
In addition, subject to the topography and subsurface conditions encountered during
excavation to install the trees, there might be a need to adjust the placement or size or
number of tress that could be physically planted. If we encounter such conditions, we will
contact Mr. Rennard for direction.
We trust this captures the parties understanding of our meeting and we are eager to
perform the tree installation on Saturday 4/15 and Monday 4/17 to give the trees the most
time to take hold.
Sincerely, Dominic Mannarino
D. Schumacher Landscaping, Inc.
635 Manley Street
West Bridgewater, MA 02379
The above proposal for planting of mitigation shade trees in the right of way adjacee t to
25 Winter Island Road, Salem, Massachusetts has been reviewed an proved.
ftch'-Affr ennard }?
City of Salem, Tree Warden
Joe Nerden
To: Frank Taormina
Cc: Bruce Thibodeau; Thomas Stpierre
Subject: 25 Winter Island Rd
Frank,
Jim Crowe from Groom Const is requesting permission to temporarily locate a 30 yard dumpster adjacent to the property
in the right-of-way of Winter Island Rd. Tom suggested I show you the sketch to rule on it from a Con Com standpoint. I'm
sending you the plan Crowe dropped off for review and comment.
Joseph E. Nerden
Asst. DPW Director&
Asst. City Engineer
Department of Public Services
120 Washington Street, 4th Floor
Salem, Massachusetts 01970
tel. 978.745.9595 x321
fax. 978.745.0349
email:jnerden@salem.com
t
Frank Taormina
From: Frank Taormina
Sent: Friday,July 01, 2005 9:38 AM
To: Joe Nerden
Cc: Bruce Thibodeau;Thomas Stpierre
Subject: RE: 25 Winter Island Rd
Joe,
The order of conditions issued by the commission states that at the end of each working day no machinery or stockpiled
material is to be left in the buffer zone. However it also states that any activity in the right-of-way(also in the buffer zone)
needs to be reviewed and approved by the City Engineer.
I don't see a problem with them locating a dumpster in that area. There is erosion control measure behind the dumpster
so the resource area is somewhat protected. My only concern is that the dumpster gets full and they start stockpiling
debris around the dumpster and on the dumpster, instead of in the dumpster. Then debris ends up in Juniper Cove....and
next thing you know Joanne Scott is calling me.
If Mr. Karam can insure that at the end of each working day his hired contractors will toss all debris inside the dumpster,
and the dumpster is locked shut, and absolutely nothing is left in the buffer zone, I could live with that.
On another note.....I think that we should locate a sign at the head of the paper street portion of Winter Island Road that
reads "NO PARKING...For Public Passage Only" In addition, the Con Comm is having wetland markers produced as we
speak. The markers are only 4" in diameter and will be issued with any Con Comm approval from now on. Applicants will
be required to located the wetland markers at the edge of their property that fronts a inland/coastal resource area, in
perpetuity.
Frank Taormina, Planner/Conservation Agent
Department of Planning l3 Community Development
120 Washington Street
Salem,Massachusetts 01970
Tele: 978.745.9595
Fax: 978.740.0404
ftaormina@salem.com
-----Original Message-----
From: Joe Nerden
Sent: Thursday,June 30,2005 3:12 PM
To: Frank Taormina
Cc: Bruce Thibodeau;Thomas Stpierre
Subject: 25 Winter Island Rd
Frank,
Jim Crowe from Groom Const is requesting permission to temporarily locate a 30 yard dumpster adjacent to the
property in the right-of-way of Winter Island Rd. Tom suggested I show you the sketch to rule on it from a Con Com
standpoint. I'm sending you the plan Crowe dropped off for review and comment.
Joseph E. Nerden
Asst. DPW Director&
Asst. City Engineer
Department of Public Services
120 Washington Street, 4th Floor
Salem, Massachusetts 01970
tel. 978.745.9595 x321
fax. 978.745.0349
email:jnerden@salem.com
1
- GROOM CONSTRUCTIONCOMPANY INC.
324 ESSE• X STREET
SWAMPSCOTT , MA 01907
PHONE 781 - 392 . 3135
FAX 781 . 593 . 1480
FACSIMILE TRANSMITTAL SHEET
PROM:
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DATE:
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RE: NEEDS FAX COVERS YOUR REFERENCE NUMBER
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Should you have any problems with this transmission,please call(781)392.3134
00/10 39Cd 00b1E691BL ZE:60 500Z/0E/90
"SINCE 1979"
General Building Contractors
25 Winter Island Road
Conservation Commission Pre-construction Meeting
6/10/05
Agenda
I. Review Order of Conditions
1. Completed Items
A. DEP sign posted
B. Erosion control in place
C. Additional Emergency hay bales& stakes on site
D. All debris removed from coastal resource area
E. Copy of Order conditions on site
F. Documents recorded
2. Clarifications/Questions
A. Pg. 3 item#23 where is this acceptable
B. Pg. 4 item#35 please clarify
C. Pg. 5 item #43 review means and methods
D. Pg. 5 item#47 define public access
E. Pg. 5 item #49- review
GROOM CONSTRUCTION CO.,INC. 324 ESSEX STREET, SWAMPSCOTT,MA 01907
TELEPHONE(781)592-3135 FACSIMILE(781)593-1480 WESSITE: www.0roomeo.com
60/Z0 39Vd 08PIE6918L ZE:60 500Z/0E/90
• r •
VG"I IOC
"SINCE 1979"
General Btulding Contractors
Replies to Clarifications/Questions
2.
A- Answer
All material will be removed from job site, stored within bldg., when
under construction,and/or stored on other Karam property in
neighborhood.
B- Answer
Dewatering in foundation hole is acceptable
C- Answer
Any dewatering from excavation into catch basins will follow de-silting
De-silting guidelines and catch basins will be cleaned and videotaped
before and after dewatering activities this cleaning and videotaping will be
done by Contractor.
D- James Crowe(Groom Const.) spoke with the city engineer and will submit
scale drawings showing area of Winter Island Rd. to be utilized along with
size of dumpster to be used. Time frame for use of road will be submitted
as well.
E- Pg. 5 item 4 49 should read: "At the end of the work day no machinery is
to be located within
1 at d I h the coastal resource area or its Duffer zone."
GROOM CONSTRUCTION CO., INC. 324 ESSEX STREET, SWAMPSCOTT,MA 01907
TELEPHONE(781)592.3135 FACSIMILE(781)593-1480 WEBSITE: www.Omomco.com
00/E0 39Vd 00t+IE69I6L ZE:60 S00Z/0E/90
�Ns�ucrto�
"SINCE 1979"
General Building Contractors
25 Winter Hill Island Rd.
Preconstruction Mtg
Attendees
Doug Karam/Owner
Rich Brennan/K&B Excavating
Scott Grover/Owner Representative
Frank Taormina/Owner Representative
Tom Keough/Hancock Assoc.
David Groom/ Groom Const.
Jean Karam/Owner
James Crowe/CnnOm Const.
SC
GROO
M CONSTRUCTION CO., INC. 324 ESSEX STREET,SWAMP OTT,MA 01907
-1480 WEESITE: www.Groomco.com
TELEPHONE 781)592 3135 FACSIMII.E(981)593
00/00 39Vd 080TE6518L ZE:60 500Z/BE/90
UCTI��
"SINCE 1979"
General Building Contractors
25 Winter Island Road
Conservation Commission Pre-construction Meeting
6/10/05
Agenda
I. Review Order of Conditions:
1. Completed Items:
A. DEP sign posted
B. Erosion control in place
C. Additional Emergency hay bales & stakes on site
D. All debris removed from coastal resource area
E. Copy of Order of conditions on site
F. Documents recorded
2. Clarifications/ Questions
A. Pg. 3 item#23 where is this acceptable
B. Pg. 4 item#35 please clarify
C. Pg. 5 item #43 review means and methods
D. Pg. 5 item#47 define public access
E. Pg. 5 item #49- review
GROOM CONSTRUCTION CO., INC. 324 ESSEX STREET, SWAMPSCOTT, MA 01907
TELEPHONE (781) 592-3135 FACSIMILE (781) 593-1480 WEBSITE: www.Groomco.com
May 12,2005
Frank Taormina,Planner/Conservation Agent
City of Salem Conservation Commission
120 Washington Street
Salem,Massachusetts 01970
Re: 25 Winter Island Road Salem,MA
Dear Mr. Taormina,
We are writing to you in regards to a recent telephone conversation regarding trees on our property at
15 Winter Island Road in Salem,MA. During work to prepare for a new foundation at 25 Winter Island
Road,owned by Jean and Doug Karam, the roots to arborvitae trees that line our property were damaged.
We have sought professional opinions regarding the impact on the trees and were advised to put the proper
authorities on notice as the trees would most likely die. Mr. and Mrs. Karam are aware of the situation and
we will keep them updated as needed.
Mr. Taormina,we thank you for taking the time to talk with us regarding this situation and for your
continued concern.
Sincerely,
V"C�ieG � 6` "K—)
: rr • ' ' STUDIO, INC.
To: Salem Conservation Commission
Salem, MA 01970
Chairperson: Kevin Comacchio
From: Michael Blier, Commission Member
Date: May 12. 2005
Topic: 25 Winter Island Road
Dear Chairperson Cornacchio and fellow Commission Members,
Please forgive my absence from tonight's very important meeting of the Conservation Commission. My
teaching obligations (student final reviews) have required me to remain in Cambridge later than
expected today. The year-end final review process is unpredictable at best and I am, therefore
disappointed for having to miss this session of the Conservation Commission and most particularly the
discussion of how to resolve the issues present at 25 Winter Island Road.
As is the case with other Commission members, I found the removal of nearly all of the plant life at that
site, including the areas of the salt Marsh and adjacent paper roadway, offensive. From our visit to the
site, the signs of disturbance were clear and disheartening.
However, I have had the opportunity to review the proposed planting plan prepared by the owner's
consultants. While the proposal is a strong first step forward, there are two primary areas of concern
that should be more specifically addressed: tree planting and replanting within the salt marsh area.
Tonight, as the Commission seeks to establish a strategy for the remediation and restoration of the
disturbed areas, I offer the following thoughts to the debate:
Tree Replanting:
While replacing the scale and extent of the previous tree canopy is not possible, all future planting in
the area should take into account the further disturbance the planting of large trees would ultimately
bring to the already heavily damaged site as well as the long term survivability of the imported material.
Therefore, I suggest planting trees no larger than 3.5" in caliper. This will minimize the disturbance
associated with the planting process. Planting smaller trees will also allow for the hand carting of the
10 Derby Square,4th Floor,Salem,MA 01970 phone 978 745-7181 fax 978 740-2823 email info@lanaworks-
stuoio.com
� � rt • ' ' STUDIO, INC.
trees and the hand digging of all tree pits. The use of smaller materials will ensure a higher survivability
rate, as younger trees are more able to acclimate to a new environment. Because of the size of the
removed materials, I would suggest a 3:1 ratio of new material to previous. For every one tree
removed, 3 trees should be planted. All trees should be of the native variety suitable for the
surrounding area, grown locally, and planted with a warranty.
Re-Planting within the Salt Marsh area:
The proposed planting plan seems to indicate ornamental grasses for some of the disturbed areas.The
use of non-native salt marsh plantings should be strictly prohibited. Instead, low growing grasses and
shrubs, native to the region, should be used.
Once again, I apologize for not being able to participate in tonight's meeting in person. Like the
remainder of the Commission, I am optimistic that this situation can be rectified in a timely, reasonable,
and amicable fashion. To that end, I hope the Commission finds these comments useful as you
condition the terms of the restoration.
Respectfully submitted,
C!M� k)v
Michael Blier, Commission Member
Landscape Architect
10 Derby Square,4th Floor, Salem,MA 01970 phone 978 745-7181 fax 978 740-2823 email info@landworks-
9ludlo.Gom
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Quincy,Massachusetts 02169
Tel No. (617)471-1199
Fax No. (617)376.0254
Fax Transmittal Cover Sheet
DATE: May 12,2005
TO: Frank Taormina,Planner/Conservadon Agent
City of Salem Conservation Commission
FAX NO: 978 740-0404
FROM; Patrick J.Sweeney,Eag. OF ORLANDI AND SWEENEY,P.C.
Re: 25 Winter Island Road,Salem
OUR FAX#: (617)376-0254
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VIA FACSIMILE NO.: (978) 74"404
Kevin Comacchio, Chairman
City of Salem Conservation Commission
120 Washington Street
Salem, Massachusetts 01970
Re: 25 Winter Island Road,Salem,MA
Dear Chairman Cornacchio;
Please consider this correspondence a follow up to my prior correspondence on
behalf of Joanne Scott and Edward M. Moriarty,Jr.
Our clients have been provided with a copy of Mr. and Mrs. Karam's proposed
Mitigation Planting Plan dated May 5,2005,and correspondence of Hancock Associates
dated April 26,2005,which were sent to me be Scott Grover.
Our clients would like the Commission to know that they are pleased that Mr. and
Mrs. Karam submitted the Plan to them. However,quite frankly,they lack the expertise
to comment upon the sufficiency of the proposed landscaping. It is their understanding
Mr, Richard Renard,the City of Salem Tree Warden, will appear before the
Conservation Commission and offer his assessment of the plantings proposed. Joann
and Ed leave the decisions concerning the size of and appropriateness of the proposed
species to the expertise of Mr.Renard and members of the Conservation Commission.
They are also comfortable the Conservation Commission will exercise its considerable
experience in the determination of the sufficiency of the actions proposed by Mr. and
Mrs. Karam relative to the protection of the Salt Marsh area,
Our clients do note Mr.and Mrs.Karam propose planting five trees in mitigation
of the five,fifty to seventy-five year old trees,which were removed.
MRY-12-2005 15:50 ORLANDI & SWEENEY 617 376 0254 P.03iO3
Kevin Comacchio, Chairman
City of Salem Conservation Commission
Page 2
May 12,2005
Finally, it is Joanne's and Ed's hope that the petitioners will be held responsible
for a reasonable period of time should the plantings,as approved,not take and
replacement plantings become necessary.
Once again,on behalf of our clients,we would like to thank the Commission for
its actions to protect the environment in the Winter Island Road area.
Very truly yours,
Patrick J. Sweene
PJS:vb
cc: Frank Taormina,Planner/Conservation Agent
Edward M. Moriarty,Jr. and Joanne Scott
Scott Grover,Esq.
TOTAL P.03
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Aaomeys at Law
The Willard Building
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Fax No. (6179 376-0254 RECEIVED
Fax Transmittal Cover Sheet APR 2 S 2005
DEFT. OF PM'MING&
COMMUNITY DEVELOPMENT
DATE: April 28, 2005
TO: Frank Taormina,Planner/Conservation Agent
City of Salem Conservation Commission
FAX NO: 978 740-0404
FROM: Patrick J. Sweeney,Esq. OFORLANDIAND SWEENEY,P.G
Re: 25 Winter Island Road,Salem,MA
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April 28, 2005
VIA FACSIMILE NO.: (978) 740-0404
Kevin Comacchio, Chairman
City of Salem Conservation Commission
120 Washington Street
Salem,Massachusetts 01970
Re: 25 Winter Island Road,Salem,MA
Dear Mr. Chairman:
This office represents Edward M. Moriarty,Jr. and Joanne Scott,owners of 29
Winter Island Road, Salem,and we are writing to you concerning 25 Winter Island Road
(hereinafter the Subject Property). Let me first state that our clients harbor neither ill will
nor animosity towards Douglas and Jean Karam,owners of the Subject Property,and
they are not opposed to the Karams previously stated plans for renovating the premises. 1
note that Ed and Joanne conveyed a small portion of their land to Mr. and Mrs. Karam so
that the Karams could proceed with their plans to renovate the residence at 25 Winter
Island Road.
Nonetheless,our clients have a number of concerns relative to the actions recently
undertaken upon the Subject Property and the impact those actions have had,and will
have, upon the fragile environment in this area. Among these concerns is whether the
actions to date have been undertaken with the appropriate oversight and guidance of all
necessary authorities,including the Conservation Commission.
Last month Ed Moriarty contacted me because he had serious concerns relative to
Mr.and Mrs.Karam cutting down several trees that Ed believed were located on a right
of way between his property and the Karams'property. I,in turn, spoke with Attorney
Scott Grover who represents Mr. and Mrs. Karam, Attorney Grover indicated his clients
had received permission from the Conservation Commission to clean up the area by
removing various brush and"junk"trees. He further informed me that the area in
between the two properties was a"paper street". I suggested to him that the cutting down
APR-28-2005 12:20 ORLANDI 8 SWEENEY 617 376 0254 P.03iO4
Kevin Comacchio, Chairman
City of Salem Conservation Commission
Page 2
April 28,2005
of five large maple trees, which Ed estimated were at least 50 years old,did not constitute
cleaning up an area,and I also questioned his clients' authority to cut down trees on the
area Attorney Grover maintains is city property. It was agreed by Attorney Grover and I
that hereafter better communication would be exercised between our respective clients
and the matter was dropped.
We revisit this issue at the present time because it now appears this was not an
isolated incident,but may be indicative of a pattern of conduct that the Commission
should be mindful of in reviewing this matter.
Next,we have the demolition of the residence upon the Subject Premises. This is
the work that gave rise to the Conservation Commission's stop work order. We are
mindful the Commission,through its agents,has conducted its own investigation and will
not revisit facts concerning the same. However,we believe that the Commission should
be aware that the Karams'application to the Zoning Board for which a Special Permit
was granted indicated the work would involve the reconstruction and renovation of the
existing structure. The application and plans submitted all reference the reconstruction,
renovation of,and addition to,the existing structure. Please see North Shore Survey
Corporation Plan submitted by the Kwums to this Commission. Based upon the
foregoing,there would appear to be a question,albeit,not for this Board,as to whether
any Building Permit issued pursuant to the Special Permit is valid.
What certainly is within the purview of this Commission,however, is the
regulation of future actions upon the Subject Property. It is uncontroverted that the
existing structure has been demolished,the work was accomplished with the use of heavy
construction equipment,and the stockpiling of debris within the Buffer Zones for the
Cove and the Salt Marsh. At this point,our clients respectfully submit that how we
arrived at this juncture is not the issue for consideration. Certainly, it may have been a
misunderstanding or lack of knowledge on the part of the Karams or their contractor.
Again,however,this is not the critical issue that need be addressed by the Conservation
Commission and other City Boards. Rather than review how these events transpired,our
clients would prefer the focus be upon the appropriate response to those events.
My clients respectfully submit the first line of inquiry should be a determination
as to what,if any,damage has occurred to the Salt Marsh or the Cove as a result of the
actions taken to date,taking into consideration the removal of trees,the demolition of the
house, and the use of heavy equipment and stockpiling of debris upon the premises. In
addition,nearly the entire house lies within the 100 foot Buffer Zone of the Salt Marsh as
delineated on the North Shore Survey Corporation Plans submitted to the Conservation
Commission. Thereafter, if there is a determination the Cove or the Salt Marsh have
been affected the next question is a determination of what remedial action must be taken.
Assuming the remedial action,if any, is accomplished,then we would suggest the
Commission determine preventative or protective actions that must be undertaken by the
APR-28-2005 12:20 ORLANDI 8 SWEENEY 617 376 0254 P.04iO4
Kevin Cornacchio,Chairman
City of Salem Conservation Commission
Page 3
April 28,2005
Karams in connection with whatever construction the building commissioner determines
will be allowed under the Special Permit previously granted
Again,our clients are not asking this Commission to act as a sanctioning body
relative to the actions that have been taken to date. Rather they merely request that the
Commission undertake actions it deems necessary to correct what has transpired,and set
in place appropriate safeguards to insure future harm does not occur to either the Cove or
the Salt Marsh.
Thank you for your consideration of this matter.
Very truly yours,
<2ipc .
Patrick J. Sweeney
PJS:vb
cc: Frank Taormina,Planner/Conservation Agent(Via Fax No. 978 740-0404)
Edward J. Moriarty,Jr. and Joanne Scott
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CITY OF SALEM
CONSERVATION COMMISSION
SITE VTSTT FARM
PROJECT LOCATION: M75 U'nI :VSIQVId tec' DATE OF SITE VISI �1---- � S
PROJECT PROPONENT: DW4/Ac 4- Mart Kn1 I?"l DEP FILE NUMBER: b
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Co n Me ers Agent: Abutters:io 170 :
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A /Pro erty er/Representative:
entative:
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VISIT U .O . . .. . a
Request for Determination ❑Abbreviated Notice of Resource Area Delineation J/� rIcc of Intent
ElCertificate of Compliance El Enforcement/Violation ❑Emergency /`❑ Informal
INLAND RESOURCE AREAS COASTAL RESOURCE AREAS
ii
❑Bank I )dLand Subject to Coastal ❑Land Under the Ocean
Storm Flowage
❑Bordering Vegetated Wetland
❑ Designated Port Area ❑Coastal Beach
❑Land Subject to Flooding
❑ Coastal Dune ❑Barrier Beach
❑Land Under Water Bodies or Waterway
Name: Coastal Bank ❑Rocky Intertidal Shore
❑ u Riverfront Area I ASalt Marsh ❑ Land Under Salt Pond
ElVernalPools j //❑Land Containing ❑Anadromous/Cata-
Shellfish dromous Fish Run
ii
�I ❑ Bordering Vegetated Wetland in Coastal Area
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120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM
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''INTERESTS p_ROTECTED:
Protection of Water Supply Protection of Groundwater Supply Flood Control
Storm Damage Prevention 'Prevention of Pollution 'Protection of Fisheries
Protection of Wildlife Habitat Protection of Land Containing Shellfish
Is this an exempt project: If so,why?
Are resource area boundaries delineated correctly? If not,explain.
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SITE VISIT,DO
Photos Site Map ❑ Other:
OBSERVATIONS: `
Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution;
topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species
habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas;
adjacent land uses.
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